Monthly Archives: January 2016

Section 4(d) Rule – Northern Long Eared Bat

The Fish and Wildlife Service (FWS) released its final 4(d) rule related to the endangerment finding made by FWS regarding the northern long eared bat (NLE) which was listed as a threatened species under the Endangered Species Act (“ESA”) last year. The NLE is found in 37 states, the District of Columbia, and 13 Canadian… Read More »

Emergency Response Plans – Lessons from PA DEP Enforcement

On January 6, 2016, the Pennsylvania Department of Environmental Protection (DEP) issued a news release advising of the settlement of an enforcement action against the largest energy infrastructure company in North America which will result in the payment of a civil penalty totaling $745,000 for violations at two of the company’s facilities near Philadelphia. Notably,… Read More »

Pennsylvania’s Plans For Controlling Methane Emissions From Shale Gas Operations

On January 20th Pennsylvania Department of Environmental Protection Secretary John Quigley hosted a webinar to announce the steps his department will take to control methane emissions associated with unconventional natural gas activities in the Commonwealth. He outlined an aggressive plan he and Governor Wolf believe is necessary to reduce Pennsylvania’s contribution of greenhouse gas emissions.… Read More »

Ohio EPA seeks Early Stakeholder Input into Beneficial Use Designations

Ohio EPA’s Division of Surface Water has announced early stakeholder outreach concerning the Water Quality Standards Rules in OAC Chapter 3745-1. The early stakeholder outreach phase is an opportunity to shape the direction of rules before rule language is drafted.  By sharing comments early in the process, affected parties can help shape the process and… Read More »

Litigation of Groundwater Issues as it Relates to the Clean Water Act

In response to a citizen suit filed under the Clean Water Act (“CWA”) by several environmental groups, Duke Energy Carolinas LLC (“Duke Energy”) has filed a motion for certification for interlocutory appeal, asking the United States Court of Appeals for the Fourth Circuit to decide how the CWA addresses aspects of groundwater pollution.

Pennsylvania DEP Moves Forward with Oil and Gas Rulemaking Despite Legal and Political Challenges

On January 6, 2016, the Pennsylvania Department of Environmental Protection (DEP) forwarded to the Environmental Quality Board (EQB) DEP’s proposed final rulemaking package that would revise the oil and gas regulatory program applicable to conventional oil and gas operations (Chapter 78) and create a separate chapter applicable to unconventional drilling (Chapter 78a) in Pennsylvania. As… Read More »

Sixth Circuit Hears Arguments Over its Jurisdiction to Decide WOTUS Challenge

The United States Circuit Court of Appeals for the Sixth Circuit heard oral arguments on Tuesday, December 8, 2015, on the limited question of whether the court has jurisdiction to hear challenges brought by 31 states and others (“States”) to the Waters of the United States (“WOTUS”) Rule, promulgated earlier this year by the Environmental… Read More »